Opinion
Submitted June 24, 1999
October 12, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.).
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt of robbery in the first degree beyond a reasonable doubt. The complainant's testimony established that the defendant displayed what appeared to be a gun. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence ( see, CPL 470. 15[5]).
BRACKEN, J.P., O'BRIEN, SANTUCCI, and GOLDSTEIN, JJ., concur.